Pages

Saturday, June 27, 2015

S 1608 Introduced – Regulation of Consumer Drones

Last week Sen. Feinstein introduced S 1608,
the Consumer Drone Safety Act. The bill would require the Administrator of
the Federal Aviation Authority (FAA) to issue new regulations for the operation
of consumer drones. Those regulations would address two major topics:

Safety requirements for operation
of consumer drones; and

Safety requirements for manufacturers
of consumer drones.

Consumer Drone
Definition

Section 6(4) of the bill would define a ‘consumer drone’ as
a civil unmanned aircraft or a civil unmanned aircraft system, weighing 55 lbs
or less that is intended for commercial distribution and is {§6(4)(A)(i)}:

∙ Equipped with an automatic stabilization system; or

∙ Capable
of providing a video signal allowing operation beyond the visual line of sight
of the operator.

Operation of Consumer
Drones

The FAA would be required to establish regulations
concerning the safety requirements for the operation of consumer drones within
18 months of this bill being enacted. Those requirements would include {§2(c)}:

∙ Circumstances or areas where flights are restricted because of
the risk of unsafe interactions with manned aircraft, such as within an unsafe
distance from an airport or in the flight path of a manned aircraft;

∙ Circumstances or areas where flights are restricted because of
the risk to persons or property on the ground, such as within an unsafe
distance from urban areas, residential areas, electrical infrastructure,
transportation infrastructure, amusement parks, or public areas where
spectators are present;

∙ Conditions that may require limitations on flight, such as
weather or time of day; and

∙ Any other requirement that the Administrator determines is
necessary to minimize the risk that a consumer drone will collide with a manned
aircraft or otherwise endanger the safety of the national airspace system or
persons and property on the ground.

Manufacturers of
Consumer Drones

Section 3 of the bill would require the FAA to establish
regulations governing manufacturers, importers and sellers of drones. These
regulations would establish requirements for consumer drones. These
requirements would include {§3(b)}:

∙ Limitations on altitude for consumer drones, whether through
software or other technological means;

∙ A means of preventing unauthorized operation within an unsafe
distance from an airport or in protected airspace;

∙ A system that, through sensors and software or other similar
means, enables avoidance of collisions;

∙ A technological means to maintain safety in the event that a
communications link between a consumer drone and its operator is lost or
compromised, such as by ensuring that the drone autonomously lands safely in a
particular location;

∙ A requirement that a consumer drone be detectable and
identifiable to pilots and air traffic controllers, including through the use
of an identification number and a transponder or similar technology to convey
the drone’s location and altitude;

∙ A means to prevent tampering with or modification of any system,
limitation, or other safety mechanism required by the Administrator under this section
or any other provision of law, including a means to identify any tampering or
modification that has been made;

∙ Educational materials to be provided to a consumer who purchases
a consumer drone; and

∙ Such other requirements as the Administrator considers necessary
to ensure the safety of the national airspace system.

There are provisions for the Administrator to allow
operation of consumer drones that cannot meet the above requirements because
meeting the requirement for that specific type of drone “is technologically
infeasible or cost-prohibitive” {§3(d)(1)}.
The Administrator must still ensure that the operation of the exempted drone “does
not create a hazard to users of the national airspace system or the public or
pose a threat to national security” {§3(d)(2)}.

The bill also contains a requirement that manufacturers
update consumer drones (at the manufacturers cost) to the above standards that
were “commercially distributed before the publication of the rule so that, to
the greatest extent practicable such consumer drones meet the requirements prescribed
under the rule” {§3(c)(1)}.
If the consumer drones cannot be modified the Administrator may apply the
exemption described above.

Moving Forward

Feinstein and her cosponsor, Sen.Schumer (D,NY), are both
influential Democrats, but neither are on the Senate Commerce, Science and
Transportation Committee to which this bill was assigned. It is unlikely that
they will be able to convince the Committee leadership to take up this bill.

Commentary

I am not sure (nor am I really qualified to judge, something
that I am willing to admit) that the current crop of consumer drones could be
modified to include all of the requirements outlined in this bill.

I am concerned about the ex post facto requirement for
manufacturers to upgrade previously sold drones to meet these new requirements.
I seem to recall that Article I, Section 9, Clause 2 of the
Constitution prohibits the passage of ex post facto laws. Section 3(c)(1)
certainly seems to violate that principal.

Ignoring both of those deficiencies in this bill, I am even
more concerned about its lack of discussion about prohibiting the flying of
consumer drones over critical infrastructure (beyond the basic undefined
mention of “electrical infrastructure, [and] transportation infrastructure” in §3(c)(3). The use of
these remotely controlled aerial devices in surveillance preparatory to an
attack or use as a weapon delivery device (okay probably much less of a hazard)
in the execution of an attack is something that there is a legitimate need to
prevent. Especially since the armed forces of the Islamic State are gaining
experience in using exactly these types of drones in combat operations in Syria
and Iraq.

About Me

I spent 15 years in the US Army as an Infantry NCO. After getting out of the Army I started working in the chemical industry, getting my BSc Chemistry degree while working as a technician. I spent 12 years working as a process chemist in a specialty chemical company. Most recently I worked as a QA/R&D Manager in a specialty chemical manufacturing facility. Currently I am working as a freelance writer.